In 2013, the Philippines commenced arbitral proceedings against China under the 1982 United Nations Convention on the Law of the Sea. Since the award was issued in 2016, which in large part was favourable to the Philippines, China has refused to recognise the award. This chapter offers an analysis of the arbitration proceedings and the award using a popular animated film – Disney’s Raya and the Last Dragon – as a lens. The chapter analogises the themes in Raya with the factual background of the arbitration, with the aim of reshaping international support to help bring about compliance with the award. The conflict in Raya effectively communicates that conflict over scarce resources and overlapping territories cannot be resolved by aggression, mutual distrust, and lack of cooperation. While the Convention lacks a compliance mechanism, this chapter envisages that the Convention’s conciliation procedure may present a path forward even if China does not voluntarily comply with the award. This cooperative process aims to bring China back to the table, in renewed efforts towards a settled outcome.

Chapter 8 focuses on the enforcement of a final and binding award. It discusses the difference between orders and awards and when each is used in the arbitration proceedings. There are different types of awards that can be granted by tribunals, such as final awards, partial and interim awards, consent awards, and default awards. A tribunal has an obligation to make best efforts to produce an enforceable award. It is important that a tribunal make clear whether an award isa final award, and if so, that it ensures that the award deals with all issues in dispute between the parties. A lack of clarity could lead to requests for interpretation or even to attempts to vacate. In sum, to ensure the validity of an award, arbitrators need to take the time to craft the award carefully, to meet the legal requirements as to form and content, to make a clear representation of the substance of the award, and to ensure that the award does not exceed the scope of their authority. A highly valued aspect of international arbitration is that once an award is granted, it is enforceable and is not subject to being vacated or refused enforcement on the merits.